BIODIVERSITY DISCUSSIONS STAGNATE IN TRIPS COUNCIL

On 16 June, trade delegates convened to continue their discussions on Article 27.3(b) (patentability of life forms), genetic resources, traditional knowledge and folklore in the WTO Council for Trade-related Aspects of Intellectual Property Rights (TRIPS). Despite continued efforts by developing countries to keep these issues on the table, the meeting made no real advances in the debate.

The biodiversity-related discussions focused on the checklist of issues for further discussion that had been put forward by Bolivia, Brazil, Cuba, Ecuador, India, Peru, Thailand, Venezuela and Pakistan (IP/C/W/420) in March (see BRIDGES Trade BioRes, 19 March 2004). The submission suggested a structure for continuing the negotiating process, outlining questions in three clusters on disclosure of origin, evidence of prior informed consent, and benefit-sharing related to genetic material and traditional knowledge. The US and Japan continued to oppose such a process, arguing that the checklist was too detailed.

Chair Joshua Low, (Hong Kong) -- supported by Kenya, Canada, Australia and New Zealand -- suggested an alternative structure for organising the work. Specifically, he proposed that rather than focusing on a concrete set of questions, discussions could review national legislation on the issues, requirements of disclosure in patent filing procedures and existing databases. The EC noted that the more structured discussions should be based on three principles, namely to follow the Doha mandate, to be oriented to results, and to focus on a manageable number of issues instead of broad philosophical questions. The proponents of the initial checklist opposed the Chair's proposal.

Apart from this debate, Switzerland presented a paper (IP/C/W/423) reiterating its proposal to amend the World Intellectual Property Organisation (WIPO) Patent Cooperation Treaty (PCT) to include, in appropriate cases, declaration of origin of genetic material in patent applications as a voluntary requirement (see BRIDGES Trade BioRes, 13 June 2003). The proposal includes a concrete description of when disclosure would be relevant, as well as a penalty system for failure to comply in which case the patent would be rejected or withdrawn.

The next TRIPS Council meeting is currently scheduled for 21-23 September.

Additional Resources

For an update on the health-related discussions, see BRIDGES Weekly, 23 June 2004.

ICTSD reporting.